Unlicensed Driver Citation for Foreign Resident?

[bokaba]

What is the name of your state? CA. A friend of mine received a speeding and unlicensed driver ticket recently because the officer would not accept his valid foreign driver's license. He is in California on a B-2 tourist visa temporarily. At his arraignment, the judge refused to dismiss on the basis that he should have applied for a California driver's license within 10 days of arriving in California because he gave the officer the address where he was staying (a California address) rather than hi foreign address.

He has been stopped on other occasions for traffic violations and the officer has never cited him for being unlicensed. He does not own a vehicle registered in California (was renting one). I think the officer was just out to get him for some reason. He even impounded the vehicle and made the guy walk a mile on the side of the freeway in the middle of the night to get a ride.

Is this correct? Looking at the relevant code section on residency for the purpose of needing a state driver's license (VC 12505(a)(1)), it doesn't look like he can be considered a resident since he hasn't participated in any of the activities listed in the section and is a tourist. What do you think?

 

[Taxing Matters]

What do you think?

I think it sounds like he has a good defense to the unlicensed driving charge, if he wishes to contest that citation.

 

[Zigner]

What is the name of your state? CA. A friend of mine received a speeding and unlicensed driver ticket recently because the officer would not accept his valid foreign driver's license. He is in California on a B-2 tourist visa temporarily. At his arraignment, the judge refused to dismiss on the basis that he should have applied for a California driver's license within 10 days of arriving in California because he gave the officer the address where he was staying (a California address) rather than hi foreign address.

He has been stopped on other occasions for traffic violations and the officer has never cited him for being unlicensed. He does not own a vehicle registered in California (was renting one). I think the officer was just out to get him for some reason. He even impounded the vehicle and made the guy walk a mile on the side of the freeway in the middle of the night to get a ride.

Is this correct? Looking at the relevant code section on residency for the purpose of needing a state driver's license (VC 12505(a)(1)), it doesn't look like he can be considered a resident since he hasn't participated in any of the activities listed in the section and is a tourist. What do you think?

1) How old is your friend?
2) I have been stopped three times in my 3+ DECADES of driving in California. (One was bogus, one was a no-citation stop for an equipment problem and one was completely legit and warranted). Your friend ought to learn (and obey) the traffic laws in California.

 

[Eekamouse]

What is the name of your state? CA. A friend of mine received a speeding and unlicensed driver ticket recently because the officer would not accept his valid foreign driver's license. He is in California on a B-2 tourist visa temporarily. At his arraignment, the judge refused to dismiss on the basis that he should have applied for a California driver's license within 10 days of arriving in California because he gave the officer the address where he was staying (a California address) rather than hi foreign address.

He has been stopped on other occasions for traffic violations and the officer has never cited him for being unlicensed. He does not own a vehicle registered in California (was renting one). I think the officer was just out to get him for some reason. He even impounded the vehicle and made the guy walk a mile on the side of the freeway in the middle of the night to get a ride.

Is this correct? Looking at the relevant code section on residency for the purpose of needing a state driver's license (VC 12505(a)(1)), it doesn't look like he can be considered a resident since he hasn't participated in any of the activities listed in the section and is a tourist. What do you think?

Is your friend living in California or is he just visiting?

 

[not2cleverRed]

1) How many months has your friend been in the US?
2) Is the license one that can easily be read by an English speaker?

 

[cbg]

Whether or not one can legally drive on their foreign license in the US is state specific. However, in CA as long as you are over 18, you can. (I have no affiliation with this law group; it simply spelled out the law clearly.)

https://www.shouselaw.com/ca/faqs/can-i-drive-in-california-with-a-drivers-license-from-a-foreign-country/

ETA: I may have to backtrack on the above.

https://www.chapman.edu/students/services/international-student-services/_files/isss-dmv-information.pdf

According to the second link, if you TAKE A JOB here you are subject to the 10 day rule.

Tax, your thoughts?

 

[quincy]

How many times has your friend been stopped?

 

[Taxing Matters]

Tax, your thoughts?

My thoughts are that California Vehicle Code (VC) section 12502(a)(1) states:

(a) The following persons may operate a motor vehicle in this state without obtaining a driver’s license under this code:​

​

(1) A nonresident over the age of 18 years having in his or her immediate possession a valid driver’s license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505.​

Under VC § 12505 residence is defined as the persons place of domicile. A person's domicile is his/her permanent place of residence; the place which he or she has the most significant ties and to which he or she always returns after some period of absence. The statute gives some factors that will result in a presumption of residence, but those can be rebutted with other evidence. Section 12505 also states a person must obtain a driver's license either before driving a vehicle for employment in the state or within 10 days of becoming a resident of the state. A B-2 visa does not allow a nonresident alien to work in the US. So presumably the friend is not working in the U.S. (If the friend is working in the US in violation of the visa then he has potentially bigger legal problems than a traffic ticket.) In any event, unless the friend was actually driving the vehicle for work he is not required to have the CA license if he's not a resident of the state.

In short, the cop should not have issued the ticket once shown the foreign driver's license unless the cop had reason to think the friend was a resident of the state or that the friend was driving for employment at the time the friend was stopped. This assumes that the cop could ascertain that the document he/she was shown was indeed a valid driver's license issued by the friend's home country.